Pratt v. Van Zandt

Appellate Division of the Supreme Court of New York

Pratt v. Van Zandt

236 A.D.2d 763, 655 N.Y.S.2d 450, 1997 N.Y. App. Div. LEXIS 2033

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 27, 1997

StatusPublished

This text of 236 A.D.2d 763 (Pratt v. Van Zandt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pratt v. Van Zandt, 236 A.D.2d 763, 655 N.Y.S.2d 450, 1997 N.Y. App. Div. LEXIS 2033 (N.Y. Ct. App. 1997).

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Opinion

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered June 7, 1996 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as moot.

On June 22, 1995 petitioner, who had received a certificate of earned eligibility, was denied parole release by respondent. Petitioner subsequently commenced a habeas corpus proceeding, later converted to the instant CPLR article 78 proceeding, to challenge this determination. On February 20, 1996, petitioner appeared at a second parole hearing, at which time he again was denied release on parole. Supreme Court correctly concluded that petitioner’s subsequent appearance before the Parole Board rendered his challenge to the initial determination moot (see, Matter of Risalek v Russi, 226 AD2d 798; Matter of Gadson v New York State Div. of Parole, 198 AD2d 581). In any event, were we to consider petitioner’s contentions, including his claim that the certificate of earned eligibility automatically entitled him to release, we would find them to be without merit.

Mercure, J. P., Crew III, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered June 7, 1996 in Washington County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as moot.

On June 22, 1995 petitioner, who had received a certificate of earned eligibility, was denied parole release by respondent. Petitioner subsequently commenced a habeas corpus proceeding, later converted to the instant CPLR article 78 proceeding, to challenge this determination. On February 20, 1996, petitioner appeared at a second parole hearing, at which time he again was denied release on parole. Supreme Court correctly concluded that petitioner’s subsequent appearance before the Parole Board rendered his challenge to the initial determination moot (see, Matter of Risalek v Russi, 226 AD2d 798; Matter of Gadson v New York State Div. of Parole, 198 AD2d 581). In any event, were we to consider petitioner’s contentions, including his claim that the certificate of earned eligibility automatically entitled him to release, we would find them to be without merit.

Mercure, J. P., Crew III, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

236 A.D.2d 763, 655 N.Y.S.2d 450, 1997 N.Y. App. Div. LEXIS 2033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-van-zandt-nyappdiv-1997.

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